40-740. Representative form of government; election and voting criteria. - Kansas Statutes

40-740

Chapter 40.--INSURANCE Article 7.--FRATERNAL BENEFIT SOCIETIES

      40-740.   Representative form of government; election and voting criteria.A society has a representative form of government when:

      (a)   It has a supreme governing body constituted in one of the following ways:

      (1)   Assembly. The supreme governing body is an assembly composed ofdelegates elected directly by the members or at intermediate assemblies orconventions of members or their representatives, together with otherdelegates as may be prescribed in the society's laws. A society mayprovide for election of delegates by mail. The elected delegates shallconstitute a majority in number and shall not have less than 2/3 of thevotes and not less than the number of votes required to amend the society'slaws. The assembly shall be elected and shall meet at least once everyfour years and shall elect a board of directors to conduct the business ofthe society between meetings of the assembly. Vacancies on the board ofdirectors between elections may be filled in the manner prescribed by the society's laws.

      (2)   Direct election. The supreme governing body is a board composed ofpersons elected by the members, either directly or by their representativesin intermediate assemblies, and any other persons prescribed in thesociety's laws. A society may provide for election of the board by mail. Each term of a board member shall not exceed four years. Vacancies on theboard between elections may be filled in the manner prescribed by thesociety's laws. Those persons elected to the board shall constitute amajority in number and not less than the number of votes required to amendthe society's laws. A person filling the unexpired term of an electedboard member shall be considered to be an elected member. The board shallmeet at least quarterly to conduct the business of the society.

      (b)   The officers of the society are elected by the supreme governingbody or by the board of directors;

      (c)   only benefit members are eligible for election to the supremegoverning body, the board of directors or any intermediate assembly; and

      (d)   each voting member shall have one vote. No vote may be cast by proxy.

      History:   L. 1988, ch. 154, § 3; Jan. 1, 1989.